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The Delhi High Court issued notice on a PIL challenging the constitutional validity of the Court Fees (Delhi Amendment) Act, 2010 through which the Delhi Government has amended the act with regard to its applicability to the territory of Delhi.
A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice to the Centre through the Ministry of Law and Justice and Delhi Government through Department of Law Justice & Legal Affairs.
The matter has been listed for September 8.
The main ground for challenging the legislation has been the competence of the Legislative Assembly of Delhi to introduce such an amendment. The petition states that Article 239AA of the Constitution of India does not empower Delhi's Legislative Assembly to amend the Court Fees Act, 1870 which is a Central Legislation.
The plea prays for Section 16A of the Court Fees Act, 1870, introduced by the Court Fees (Delhi Amendment) Act, 2010 as unconstitutional and against the mandate of Article 14 of the Constitution.
The plea also states that that Section 16A creates two classes of people, i.e., one seeking refund under Section 16 of the Court-Fees Act, 1870 and the other seeking refund under section 16A of the Court-Fees Act, 1870.
Case Title: Praveen Kumar Aggarwal v Union of India & Anr.
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